[HISTORY: Adopted by the Village Board of the Village of Sauk City
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
In this chapter, unless the context or subject matter otherwise requires,
the following terms shall have the meaning indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control of
some person, by leash, but a dog or cat within an automobile of its owner,
or in an automobile of any other person with the consent of the owner of said
dog or cat, shall be deemed to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United States
and used for food or fiber.
That meaning as appears in § 967.02(5), Wis. Stats., and
includes a humane officer under § 173.03, Wis. Stats., but does
not include a conservation warden appointed under § 23.10, Wis.
Stats.
A dog or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and the occupant
of any premises on which a dog or cat remains or to which it customarily returns
daily for a period of 10 days; such person is presumed to be harboring or
keeping the dog or cat within the meaning of this chapter.
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose of this
chapter, any vacant parcel or parcels adjoining a dwelling and under the same
ownership shall constitute one lot.
Includes notifying the dog's or cat's owner or an officer and requesting
either the owner or officer to capture and restrain the dog or cat, or capturing
and restraining the dog or cat, and killing the dog or cat if the circumstances
require immediate action.
Not having a valid license tag attached to a collar kept on the dog
whenever the dog is outdoors unless the dog is securely confined in a fenced
area.
A.
Rabies vaccination. The owner of a dog or cat shall have
the dog or cat vaccinated against rabies by a veterinarian within 30 days
after the dog or cat reaches five months of age and revaccinated within one
year after the initial vaccination. If the owner obtains the dog or cat or
brings the dog or cat into the Village of Sauk City after the dog or cat has
reached five months of age, the owner shall have the dog or cat vaccinated
against rabies within 30 days after the dog or cat is brought into the Village,
unless the dog or cat has been vaccinated as evidenced by a current certificate
of rabies vaccination. The owner of a dog or cat shall have the dog or cat
revaccinated against rabies by a veterinarian before the date of that immunization
expires as stated on the certificate of vaccination or, if no date is specified,
within three years after the previous vaccination. The certificate of vaccination
shall meet the requirements of § 95.21(2), Wis. Stats.
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog or cat against rabies shall complete and issue to the
owner a certificate of rabies vaccination bearing a serial number and in the
form approved by the Village stating the owner's name and address, the name,
sex, spayed or unspayed, neutered or unneutered, breed and color of the dog
or cat, the date of the vaccination, the type of rabies vaccination administered
and the manufacturer's serial number, and the date that the immunization expires
as specified for that type of vaccine by the Centers for Disease Control of
the United States Department of Health and Human Services and the Village.
C.
Copies of certificate. The veterinarian shall keep a
copy of each certificate of rabies vaccination in a file maintained for this
purpose until the date that the immunization expires or until the dog or cat
is revaccinated, whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate
of rabies vaccination, the veterinarian shall deliver to the owner a rabies
vaccination tag of durable material bearing the same serial number as the
certificate, the year the vaccination was given and the name, address and
telephone number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition or training, to a dog while hunting, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies
vaccination tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The veterinarian
shall then indicate the new tag number on the certificate and keep a record
in the file.
A.
It shall be unlawful for any person in the Village of
Sauk City to own, harbor or keep any dog or cat more than five months of age
without complying with the provisions of §§ 174.05 through
174.09, Wis. Stats., relating to the listing, licensing and tagging of the
same.
B.
The owner of any dog or cat more than five months of
age on January 1 of any year, or five months of age within the license year,
shall annually, or on or before the date the dog or cat becomes five months
of age, pay a license fee as established by Village Board and obtain a license.
C.
Upon payment of the required license fee and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 95-2 of this chapter, the Village Administrator shall complete and issue to the owner a license for such dog or cat containing all information required by state law. The Village Administrator shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
D.
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog or cat for which the license is issued at all times, except as provided in § 95-2E.
E.
The fact that a dog or cat is without a tag attached
to the dog or cat by means of a collar shall be presumptive evidence that
the dog or cat is unlicensed. Any law enforcement or humane officer may seize,
impound or restrain any dog or cat for which a dog or cat license is required
which is found without such tag attached.
F.
Notwithstanding the foregoing, any service dog under
the Americans with Disabilities Act is exempt from the dog license fee, and
every person owning such a dog shall receive annually a free dog license from
the Village Administrator upon application therefor.
The Village Administrator shall assess and collect a late fee as prescribed
by the Village Board from every owner of a dog five months of age or over
if the owner failed to obtain a license prior to April 1 of each year, or
within 30 days of acquiring ownership of a licensable dog, or if the owner
failed to obtain a license on or before the dog reached licensable age. Said
late fee shall be charged in addition to the required license fee.
A.
Dogs and cats confined. If a district is quarantined
for rabies, all dogs and cats within the Village shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled
is declared a public nuisance and may be impounded. All officers shall cooperate
in the enforcement of the quarantine. The Village Administrator shall promptly
post in at least three public places in the Village notices of quarantine.
B.
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting
a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer or
humane officer shall order a dog or cat quarantined if the officer has reason
to believe that the animal bit a person, is infected with rabies or has been
in contact with a rabid animal. If a quarantine cannot be imposed because
the dog or cat cannot be captured, the officer may kill the animal. The officer
shall attempt to kill the animal in a humane manner and in a manner which
avoids damage to the animal's head.
(2)
Sacrifice of other animals. An officer may order killed
or may kill an animal other than a dog or cat if the officer has reason to
believe that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. An officer or humane officer who orders a dog or cat to be quarantined
shall deliver the animal or shall order the animal delivered to an isolation
facility as soon as possible but no later than 24 hours after the original
order is issued, or the officer may order the animal to be quarantined on
the premises of the owner if the animal is immunized currently against rabies
as evidenced by a valid certificate of rabies vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to
be quarantined because there is reason to believe that the animal bit a person,
the custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for at least
10 days after the incident occurred. In this subsection, "supervision of a
veterinarian" includes, at a minimum, examination of the animal on the first
day of isolation, on the last day of isolation and on one intervening day.
If the observation period is not extended and if the veterinarian certifies
that the dog or cat has not exhibited any signs of rabies, the animal may
be released from quarantine at the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the custodian
of an isolation facility or the owner shall keep the animal leashed or confined
for 180 days. The owner shall have the animal vaccinated against rabies between
155 and 165 days after the exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat is immunized against rabies, the custodian of an isolation
facility or the owner shall keep the animal leashed or confined for 60 days.
The owner shall have the animal revaccinated against rabies as soon as possible
after exposure to a rabid animal.
(4)
Destruction of a dog or cat exhibiting symptoms of rabies.
If a veterinarian determines that a dog or cat exhibits symptoms of rabies
during the original or extended observation period, the veterinarian shall
notify the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and in a
manner which avoids damage to the animal's head. If the dog or cat is suspected
to have bitten a person, the veterinarian shall notify the person or the person's
physician.
E.
Delivery of carcass; preparation; examination by Laboratory
of Hygiene. An officer who kills an animal shall deliver the carcass to a
veterinarian or local health department. The veterinarian or local health
department shall prepare the carcass, properly prepare and package the head
of the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to the State
Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder
of the carcass in a manner which minimizes the risk or exposure to any rabies
virus. The Laboratory of Hygiene shall examine the specimen and determine
if the animal was infected with rabies. The State Laboratory of Hygiene shall
notify the Village, the veterinarian or local health department which prepared
the carcass and, if the animal is suspected to have bitten a person, that
person or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian
who is requested to be involved in the rabies control program by an officer
is encouraged to cooperate in a professional capacity with the Village, the
Laboratory of Hygiene, the local health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's physician.
G.
Responsibility for quarantine and laboratory expenses.
The owner of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and examination
of the animal by a veterinarian, preparation of the carcass for laboratory
examination and the fee for the laboratory examination. If the owner is unknown,
the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within
the Village of Sauk City to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
(2)
Is deemed vicious.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or
to have been bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
B.
Animals running at large.
(1)
No person having in his/her possession or ownership any
animal or fowl shall allow the same to run at large within the Village. The
owner of any animal, whether licensed or unlicensed, shall keep his/her animal
tied or enclosed in a proper enclosure so as not to allow said animal to interfere
with the passing public or neighbors. Any animal running at large unlicensed
and required by state law or Village ordinance to be licensed shall be seized
and impounded by a humane or law enforcement officer.
(2)
A dog or cat shall not be considered to be running at
large if it is on a leash not to exceed 10 feet in length and under control
of a person physically able to control it when the animal is off of the owner's
premises.
C.
Animals restricted on public grounds and cemeteries.
No dog or cat shall be permitted in any public playground, school grounds,
public park, beach, or swimming area within the Village unless such dog or
cat is on a leash and under control. Dogs and cats are prohibited from being
in cemeteries. Every service dog under the Americans with Disabilities Act
shall be exempt from this subsection.
D.
Owner's liability for damage caused by dogs; penalties.
The provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs, together with the penalties therein set
forth, are hereby adopted and incorporated herein by reference.
A.
Impounding of animals. In addition to any penalty hereinafter
provided for a violation of this chapter, a law enforcement officer may impound
any dog, cat or other animal which habitually pursues any vehicle upon any
street, alley or highway of this Village, assaults or attacks any person,
is at large within the Village, habitually barks, cries or howls, kills, wounds
or worries any domestic animal or is infected with rabies. In order for an
animal to be impounded, the impounding officer must see or hear the violation
of this subsection or have in his/her possession a signed statement of a complaining
witness alleging the facts regarding the violation and containing an agreement
to reimburse the Village for any damages it sustains for improper or illegal
seizure.
B.
Claiming animal; disposal of unclaimed animals. After
seizure of animals under this section by a law enforcement officer, the animal
shall be impounded. The officer shall notify the owner, personally or through
the United States Mail, if such owner is known to the officer or can be ascertained
with reasonable effort, but if such owner is unknown or unascertainable, the
officer shall post written notice in three public places in the Village, giving
a description of the animal and stating where it is impounded and the conditions
for its release, after the officer or warden has taken such animal into his
possession. If within seven days after such notice the owner does not claim
such animal, the officer may dispose of the animal in a proper and humane
manner, provided that, if an animal before being impounded has bitten a person,
the animal shall be retained in the animal shelter for 10 days for observation
purposes. Within such times, the owner may reclaim the animal upon payment
of impoundment fees as prescribed by the Village Board. No animal shall be
released from the pound without being properly licensed if so required by
state law or Village ordinance.
C.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the animal may be sold to any willing buyer.
D.
Village not liable for impounding animals. The Village
shall not be liable for the death of any animal which has been impounded or
disposed of pursuant to this section.
Every owner or person harboring or keeping a dog or cat who knows that
such dog or cat has bitten any person shall immediately report such fact to
the Police Department and shall keep such dog or cat confined for not less
than 10 days or for such period of time as directed. The owner or keeper of
any such dog or cat shall surrender the dog or cat to a law enforcement or
humane officer upon demand for examination.
A.
VICIOUS DOG
(1)
(2)
(3)
(4)
Definitions. The terms used in this section are defined
as follows:
Any dog with a propensity, tendency or disposition to attack, cause
injury or otherwise endanger the safety of human beings or other domestic
animals as evidenced by its habitual or repeated chasing or snapping, barking
excessively and/or snarling in a threatening manner or making excessive noise
or running after automobiles.
Any dog which, within any twenty-four-month period, bites any domestic
animal (not necessarily the same domestic animal) two or more times in unprovoked
circumstances off the owner's premises or inflicts serious injury to any one
domestic animal in unprovoked circumstances off the owner's premises.
Any dog which, within any twenty-four-month period, bites two or more
persons (not necessarily the same persons) in unprovoked circumstances off
the owner's premises or inflicts serious injury to any one person in unprovoked
circumstances off the owner's premises.
Any dog owned or harbored primarily or in part for the purpose of dog
fighting or any dog trained for dog fighting.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its
owner unless muzzled or on a leash in charge of the owner or a member of the
owner's immediate family over 16 years of age. For purposes of enforcing this
section, a dog shall be deemed as being of a vicious disposition if, within
any twenty-four-month period, it bites two or more persons or inflicts serious
injury to one person in unprovoked circumstances off the owner's premises.
(2)
No person shall harbor or permit to remain on his/her
premises any animal that is habitually inclined toward attacking persons or
animals, destroying property, barking excessively or making excessive noises
or running after automobiles.
C.
Requirements and prohibitions.
(1)
Leash and muzzle. No person owning, harboring or having
the care of a vicious dog may suffer to permit such dog to go outside its
kennel or pen unless such dog is securely leashed with a leash no longer than
four feet in length. No person shall permit a vicious dog to be kept on a
chain, rope or other type of leash outside its kennel or pen unless a person
is in physical control of the leash. Such vicious dogs may not be leashed
to inanimate objects such as trees, posts, buildings, etc. In addition, all
vicious dogs on a leash outside the animal's kennel or pen must be muzzled
by a muzzling device sufficient to prevent such dog from biting persons or
other animals. A vicious dog shall not be required to be muzzled when shown
either in a sanctioned American Kennel Club show or upon prior approval of
the Police Chief.
(2)
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection C(1) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3)
Confinement indoors. No vicious dog may be kept on a
porch, patio or in any part of a house or structure that would allow the dog
to exit the building on its volition. No vicious dog may be kept in a house
or structure when the windows are open or when screen windows or screen doors
are the only obstacle preventing the dog from exiting the structure.
(4)
Prohibited in multiple dwellings. No vicious dog may
be kept within any portion of any multiple dwelling.
(5)
Signs. All owners, keepers or harborers of vicious dogs
shall, within 15 days of the effective date of this section, display in a
prominent place on their premises a sign easily readable by the public using
the words "Beware of Dog." A similar sign is required to be posted on the
kennel or pen of the dog.
(6)
Insurance. All owners, keepers or harborers of vicious
dogs shall, within 30 days of the effective date of this section, provide
proof to the Police Chief of public liability insurance for bodily injury
to or death of any person or for the damage to property owned by any person
which may result from the ownership, keeping or maintenance of vicious dogs.
The insurance policy shall provide that no cancellation of the policy will
be made unless a ten-day written notice is first given to the Police Chief.
The owner or custodian of the dog shall produce evidence of the required insurance
upon request of a law enforcement officer. This subsection does not apply
to dogs kept by law enforcement agencies.
D.
Vicious dog determination. The Police Chief or his designee shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection A above. In the event the Police Chief or his designee makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
E.
Appeal of vicious dog determination. Any person aggrieved by the determination of the Police Chief or is designee, as provided in Subsection D above, may appeal such determination to the Village Board.
F.
Disposition of vicious dogs. Any vicious dog which attacks
a human being or domestic animal may be ordered destroyed by a law enforcement
officer or humane officer when, in the judgment of a court of competent jurisdiction,
the dog represents a continuing threat of serious harm to human beings or
domestic animals.
A.
Removal of fecal matter. The owner or person in charge
of any dog, cat, horse, or other animal shall not permit solid fecal matter
of such animal to deposit on any street, alley or other public or private
property, unless such matter is immediately removed therefrom by said owner
or person in charge. This section shall not apply to a person who is visually
or physically handicapped.
B.
Accumulation of fecal matter prohibited on private yards.
The owner or person in charge of the dog or cat must also prevent accumulation
of animal waste on his/her own property by regularly patrolling and properly
disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an animal,
dog or cat to permit such animal, dog or cat to go upon any parkway or private
lands or premises without the permission of the owner of such premises and
break, bruise, tear up, crush or injure any lawn, flowerbed, plant, shrub,
tree or garden in any manner whatsoever, or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor any
dog which habitually barks, howls or yelps, or any cat which habitually cries
or howls, to the great discomfort of the peace and quiet of the neighborhood
or in such manner as to disturb or annoy any reasonable person. Such dogs
and cats are hereby declared to be a public nuisance.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be
unlawful for any person, firm or corporation to possess with intent to sell
or offer for sale, or buy or attempt to buy, within the Village any of the
following animals, alive or dead, or any part or product thereof: all wild
cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis
niger), vicuna (vicugna vicugna), gray or timber wolf (canis lupus), sea otter
(enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic
green turtle (chelonia mydas), or Mexican ridley turtle (lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful
for any person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile, or
the dead body or parts thereof, which appears on the endangered species list
designated by the United States Secretary of the Interior and published in
the Code of Federal Regulations pursuant to the Endangered Species Act of
1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person,
firm or corporation shall import or cause to be imported into this Village
any part of the plumage, skin or dead body of any species of hawk, owl or
eagle. This subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected for
use by the American Indians for ceremonial purposes or in the preservation
of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or by any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful
for any person to keep, maintain or have in his/her possession or under his/her
control within the Village any poisonous reptile or any other dangerous or
carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated
animal or any other animal or reptile of wild, vicious or dangerous propensities.
Specifically, it shall be unlawful for any person to keep, maintain or have
in his possession or under his control within the Village any of the following
animals, reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family;
for example, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor), also known as cougars, mountain
lions and panthers.
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; and zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and
sanitary condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as
to prevent their escape.
(4)
No person lives or resides within 100 feet of the quarters
in which the animals are kept.
E.
Farm animals; miniature pigs. No person shall bring into,
keep or maintain in the Village any bees, wasps, hornets, poisonous snakes,
horses, mules, ponies, donkeys, cattle, swine, goats, sheep, chickens, ducks,
geese, rabbits (more than four), or any animal being raised for furbearing
purposes or other wild animals unless otherwise permitted elsewhere in this
Code. The prohibitions herein do not apply where the creatures are in the
care, custody or control of a veterinarian for treatment; agricultural fairs,
shows or projects of the 4-H Clubs, not including the raising of said animal;
a display for judging purposes; an itinerant or transient carnival, circus
or other like show; dog or cat shows or trials; or public or private educational
institutions. The prohibitions herein also do not apply to the keeping or
maintaining of farm animals in areas zoned for agricultural purposes by the
Village Board. For purposes of this subsection, the term "swine" shall not
include any miniature pigs of either sex weighing less than 80 pounds which
are intended for and kept as domestic pets.
A.
No person may sell, offer for sale, raffle, give as a
prize or premium, use as an advertising device or display living chicks, ducklings,
other fowl or rabbits that have been dyed or otherwise colored artificially.
B.
No person may sell, offer for sale, barter or give away
living chicks, ducklings or other fowl without providing proper brooder facilities
for the care of such chicks, ducklings or other fowl during the time they
are in such person's care, custody or control.
C.
No retailer, as defined in § 100.30(2)(e),
Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits,
baby chicks, ducklings or other fowl under two months of age, in any quantity
less than six, unless the purpose of selling these animals is for agricultural,
wildlife or scientific purposes.
A.
No person owning or responsible for confining or impounding
any animal may refuse or neglect to supply the animal with a sufficient supply
of food and water as prescribed in this section.
B.
The food shall be sufficient to maintain all animals
in good health.
C.
If potable water is not accessible to the animals at
all times, it shall be provided daily and in sufficient quantity for the health
of the animal.
A.
Proper shelter. No person owning or responsible for confining
or impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing in this
section shall be construed as imposing shelter requirements or standards more
stringent than normally accepted husbandry practices in the particular county
where the animal or shelter is located.
B.
Indoor standards. Minimum indoor standards of shelter
shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter
shall include:
(1)
Shelter from sunlight. When sunlight is likely to cause
heat exhaustion of an animal tied or caged outside, sufficient shade by natural
or artificial means shall be provided to protect the animal from direct sunlight.
As used in this subsection, "caged" does not include farm fencing used to
confine farm animals.
(2)
Shelter from inclement weather.
(a)
Animals generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be provided
as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended outdoors
under weather conditions which adversely affect the health of the dog, a shelter
of suitable size to accommodate the dog shall be provided.
D.
Space standards. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(1)
Structural strength. The housing facilities shall be
structurally sound and maintained in good repair to protect the animals from
injury and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed and
maintained so as to provide sufficient space to allow each animal adequate
freedom of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
E.
Sanitation standards. Minimum standards of sanitation
for both indoor and outdoor enclosures shall include periodic cleaning to
remove excreta and other waste materials, dirt and trash so as to minimize
health hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer may remove, shelter and care
for an animal found to be cruelly exposed to the weather, starved or denied
adequate water, neglected, abandoned or otherwise treated in a cruel manner
and may deliver such animal to another person to be sheltered, cared for and
given medical attention, if necessary. In all cases the owner, if known, shall
be immediately notified and such officer or other person having possession
of the animal shall have a lien thereon for its care, keeping and medical
attention and the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with
reasonable effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, the animal may be treated
as a stray and dealt with as such.
(4)
Whenever, in the opinion of any such officer, an animal
is hopelessly injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner thereof
shall not recover damages for the killing of such animal unless he shall prove
that such killing was unwarranted.
(5)
Section 951.16, Investigation of cruelty complaints,
and § 951.17, Expenses of investigation, Wis. Stats., are hereby
adopted by reference and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps
any animal shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner of such
animal cannot be located, the Village shall have the authority to take custody
of such animal for the purpose of providing medical treatment, and the owner
thereof shall reimburse the person or organization who or which provides treatment
for the costs of such treatment.
A.
Acts of cruelty prohibited. No person except a law enforcement
officer in the pursuit of his duties shall, within the Village, shoot or kill
or commit an act of cruelty to any animal or bird or disturb any bird's nest
or bird's eggs.
B.
Leading animal from motor vehicle. No person shall lead
any animal upon a Village street from a motor vehicle or from a trailer or
semitrailer drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person
may expose any pet animal owned by another to any known poisonous substance
or controlled substance listed in § 961.14, Wis. Stats., whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming the
animal. This subsection shall not apply to poison used on one's own premises
and designed for the purpose of rodent and pest extermination, nor the use
of a controlled substance used in accepted veterinarian practice or in research
by persons or organizations regularly engaged in such research.
D.
Use of certain devices prohibited. No person may directly
or indirectly, or by aiding, abetting or permitting the doing thereof, either
put, place, fasten, use or fix upon or to any animal used or readied for use
for a work purpose or for use in an exhibition, competition, rodeo, circus
or other performance any of the following devices: a bristle bur, tack bur
or like device or a poling device used to train a horse to jump which is charged
with electricity or to which have been affixed nails, tacks or other sharp
points.
E.
Shooting at caged or staked animals. No person may instigate,
promote, aid or abet as a principal, agent, employee, participant or spectator
or participate in the earnings from or intentionally maintain or allow any
place to be used for the shooting, killing or wounding with a firearm or any
deadly weapon of any animal that is tied, staked out, caged or otherwise intentionally
confined in a man-made enclosure, regardless of size.
A.
Purpose. The keeping of a large number of dogs and cats
within the Village of Sauk City for a considerable period of time detracts
from and, in many instances, is detrimental to healthful and comfortable life
in such areas. The keeping of a large number of dogs and cats is, therefore,
declared a public nuisance.
B.
Number limited. No person or family shall own, harbor
or keep in his or its possession more than two dogs and two cats in any residential
unit, except that a litter of pups or kittens or a portion of a litter may
be kept for not more than 10 weeks from birth.
A.
In the interest of public health and safety, it shall
be unlawful for any person in or on Village-owned land within the Village
of Sauk City to set, place or tend any trap for the purpose of trapping, killing,
catching, wounding, worrying or molesting any animal, except by use of live
box-type traps only. Live box-type traps shall be defined as those traps which
capture and hold an animal in an alive and unharmed condition.
B.
This section shall prohibit the use of all traps other
than live traps as described above, including but not limited to traps commonly
known as leg traps, pan-type traps or other traps designed to kill, wound
or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with
Ch. 29, Wis. Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the
Village of Sauk City or its employees or agents from performing their official
duties.
It shall be unlawful for any person to establish or maintain any hive,
stand or box where bees are kept or keep any bees in or upon any premises
within the corporate limits of the Village.
A.
Any person violating § 95-16, 95-17, 95-18, 95-19, 95-20 or 95-21 may be subject to a forfeiture of not less than $50 and not more than $250. This subsection shall also permit the Village Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
C.
An owner who refuses to comply with an order issued under § 95-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined may be subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, may be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
E.
Each day that a violation of this chapter continues shall
be deemed a separate violation. Any dog found to be the subject of a violation
of this chapter shall be subject to immediate seizure, impoundment and removal
from the Village by Village officials in the event that the owner or keeper
of the dog fails to remove the dog from the Village. In addition to the foregoing
penalties, any person who violates this chapter shall pay all expenses, including
shelter, food, handling and veterinary care, necessitated by the enforcement
of this chapter.